Philip Morris v. Australia Philip Morris Asia Limited v. The Commonwealth of Australia (PCA Case No. 2012-12)
Hong Kong, China SAR
Shareholding in Australian subsidiaries engaged in the manufacturing, import, market and distribution of tobacco products; related intellectual property rights.
Claims arising out of the enactment and enforcement by the Government of the Tobacco Plain Packaging Act 2011 and its alleged effect on investments in Australia owned or controlled by the claimant.
Secondary: C - Manufacturing
12 - Manufacture of tobacco products
PCA (Permanent Court of Arbitration)
Böckstiegel, K.-H.
Kaufmann-Kohler, G.
McRae, D. M.
Decided in favour of State
Data not available
Data not available
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined